The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
The Public Procurement Rules 2008 - LGED
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stage, then the Person has the right to directly submit a complaint within the period specified in<br />
Schedule II , to the next higher level stated above.<br />
(10) if the Person is not satisfied with the written decision of the Secretary of the<br />
concerned Ministry or Division, he or she may pursue his or her appeal through the Review Panel.<br />
(11) A Person may appeal to a Review Panel only if the Person has exhausted all his or<br />
her options of complaints to the administrative authority under this Rule.<br />
(12) <strong>The</strong> Person may submit the complaint in a sealed envelope marked<br />
“CONFIDENTIAL” and addressed to the Chairperson, Review Panel, at CPTU’ s mailing address<br />
within the period specified in Schedule II after receiving the decision of the Secretary of the<br />
concerned Ministry or Division under Sub-Rule (8) or having not received any timely decisions and<br />
shall -<br />
(a) enclose the complaint and all supporting Documents in a sealed envelope,<br />
which shall be opened only by the Chairperson of the Review Panel;<br />
(b) attach a forwarding letter with the sealed envelope marked confidential,<br />
addressed to the DG, CPTU stating its wish to appeal to the Review Panel and<br />
the nature of its complaint; and<br />
(c) attach with the forwarding letter the registration fee and the refundable security<br />
deposit, in the form of a Bank draft in favour of Director General, CPTU of the<br />
amount specified in Schedule II.<br />
(13) Procuring Entities and other levels of administrative authorities, shall maintain a<br />
Complaint Register in which brief information of all complaints and the decision taken regarding<br />
such complaints shall be recorded.<br />
58. Formation of Review Panels. |— (1) <strong>The</strong> CPTU shall constitute Review Panels<br />
comprising of specialists mentioned in Sub-Rule (2) for the purpose of reviewing a appeal and<br />
giving decisions.<br />
(2) For the purpose of forming Review Panels, the CPTU shall, under Section 30 of the<br />
Act, establisha list of well-known specialists in accordance with Schedule II and as detailed below<br />
-<br />
(a) the Review Panels shall be constituted by taking one (1) member from each of<br />
the following three (3) groups -<br />
(i) well-reputed specialists in legal matters, experienced in <strong>Procurement</strong><br />
related legal issues which could also include retired senior officers from,<br />
Government and semi-Government autonomous bodies or corporations;<br />
(ii) well-reputed specialists having relevant technical expertise and experience<br />
in public <strong>Procurement</strong>;<br />
(iii) well-reputed experts in <strong>Procurement</strong> and contract management practices<br />
having experience in complaints and disputes settlements whose names<br />
can be provided by the Federation of Bangladesh Chamber of Commerce<br />
and Industry (FBCCI),<br />
provided that no active public servant shall be included in the Review Panel.<br />
(b) the specialists shall be grouped into a number of Review Panels as specified in<br />
Schedule II;<br />
(c) Review Panel shall have minimum of three (3) members, one of whom shall be<br />
the nominated Chairperson;<br />
(d) the CPTU shall, with the approval of its Minister, appoint the Review Panel<br />
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